[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Rules and Regulations]
[Pages 79523-79525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32778]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY 125-2-200308(a); FRL-7430-9]


Approval and Promulgation of Implementation Plans for Kentucky: 
Air Permit Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) of the Commonwealth of Kentucky which separate rule 401 KAR 
50:035 into several rules based on the type of air permit, and renumber 
and rewrite in plain English rule 401 KAR 50:032 and the resulting 
rules from 401 KAR 50:035. The EPA is also removing 401 KAR 50:030 from 
the Kentucky SIP and correcting typographical errors in a separate, 
related action addressing rule 401 KAR 52:080, ``Regulatory limit on 
potential to emit.''

DATES: This direct final rule is effective February 28, 2003 without 
further notice, unless EPA receives adverse comment by January 29, 
2003. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to: Michele Notarianni, Air 
Planning Branch, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. (404/562-9031 (phone) 
or [email protected] (e-mail).)
    Copies of the Commonwealth's submittal are available at the 
following addresses for inspection during normal business hours:
    Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. (Michele Notarianni, 
404/562-9031, [email protected])
    Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel 
Lane, Frankfort, Kentucky 40601-1403. (502/573-3382)

FOR FURTHER INFORMATION CONTACT: Michele Notarianni at the address 
listed above or 404/562-9031 (phone) or [email protected] (e-
mail).

SUPPLEMENTARY INFORMATION:

I. Today's Action

    The EPA is approving revisions to the State Implementation Plan 
(SIP) of the Commonwealth of Kentucky submitted on March 15, 2001. 
These revisions

[[Page 79524]]

separate rule 401 KAR 50:035 into several rules based on the type of 
air permit, and renumber and rewrite in plain English the resulting 
regulations. The revisions also rewrite in plain English rule 401 KAR 
50:032 and renumber it as 401 KAR 52:090. Today's action fully approves 
a total of four rules into the Kentucky SIP. The four rules that EPA is 
adding to the SIP are: 401 KAR 52:001: ``Definitions for 401 KAR 
Chapter 52,'' 401 KAR 52:030: ``Federally-enforceable permits for non-
major sources'' 401 KAR 52:090: ``Prohibitory rule for hot mix asphalt 
plants,'' and 401 KAR 52:100: ``Public, affected state, and U.S. EPA 
review.'' The two rules being replaced by these four, new rules are 401 
KAR 50:032, ``Prohibitory rule for hot mix asphalt plants,'' and 401 
KAR 50:035, ``Permits,'' which are listed under Chapter 50, ``General 
Administrative Procedures.''
    Also under Chapter 50, EPA is removing 401 KAR 50:030, 
``Registration of sources,'' from the list of EPA-approved Kentucky 
regulations because it is a nonregulatory provision and has no basis 
for inclusion in the SIP. In addition, EPA is correcting typographical 
errors in a separate, related action by replacing all references to 
rule, ``401 KAR 50:080,'' with the correct citation, ``401 KAR 
52:080.'' (See 67 FR 53312, August 15, 2002.) In this earlier action, 
the Agency conditionally approved, but incorrectly cited, Rule 401 KAR 
52:080: ``Regulatory limit on potential to emit,'' which was submitted 
as part of the March 15, 2001, package as one of the rules resulting 
from the rewrite of 401 KAR 50:035.

II. Final Action

    The EPA is approving four rules, 401 KAR 52:001, 401 KAR 52:030, 
401 KAR 52:090, and 401 KAR 52:100, in a new Chapter 52 into the 
Kentucky SIP and deleting the following, three rules in their entirety: 
401 KAR 50:030, 401 KAR 50:032, and 401 KAR 50:035. The EPA is also 
correcting typographical errors in a separate, related action 
addressing rule 401 KAR 52:080, ``Regulatory limit on potential to 
emit.'' The EPA is approving these changes because they are consistent 
with the Clean Air Act and EPA policy.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective February 28, 
2003 without further notice unless the Agency receives adverse comments 
by January 29, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on February 28, 2003 and no 
further action will be taken on the proposed rule.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 28, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to

[[Page 79525]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 16, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Part 52 of chapter I, title 40, of the Code of Federal Regulations, 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart S--Kentucky

    2. Section 52.920(c) is amended to read as follows:
    (a) Under Chapter 50, ``General Administrative Procedures,'' remove 
the entries for ``401 KAR 50:030,'' ``401 KAR 50:032,'' and ``401 KAR 
50:035'';
    (b) Add, in numerical order, a new entry for ``Chapter 52 Permits, 
Registrations, and Prohibitory Rules.''


Sec.  52.920  Identification of plan.

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    (c) * * *

                                 EPA-Approved Kentucky Regulations for Kentucky
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                                                                  State       EPA approval     Federal Register
            Regulation                   Title/subject       effective date       date              Notice
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                                                  * * * * * * *
----------------------------------
                            Chapter 52 Permits, Registrations, and Prohibitory Rules
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401 KAR 52:001...................  Definitions for 401 KAR         01/15/01        12/30/02  [Insert FR page
                                    Chapter 52.                                               citation]
401 KAR 52:030...................  Federally-enforceable           01/15/01        12/30/02  [Insert FR page
                                    permits for non-major                                     citation]
                                    sources.
401 KAR 52:090...................  Prohibitory rule for hot        01/15/01        12/30/02  [Insert FR page
                                    mix asphalt plants.                                       citation]
401 KAR 52:100...................  Public, affected state,         01/15/01        12/30/02  [Insert FR page
                                    and U.S. EPA review.                                      citation]
 
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[FR Doc. 02-32778 Filed 12-27-02; 8:45 am]
BILLING CODE 6560-50-P